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Cybercrime Cybersecurity

Understanding cyber diplomacy as a strategic necessity

Cyberwar, cybercrime and the new geopolitics of digital sovereignty: the digital sphere is no longer just a technological terrain, but a battlefield of geopolitical interests. States are vying for influence, companies for market share and non-state actors are using cyberspace as an arena for espionage, blackmail and even digital sabotage – one reason why I keep returning to this topic.

I was interested to read the “Handbook for the Practice of Cyber Diplomacy“, published by leading experts in the field, which sheds light on the increasing importance of diplomatic strategies in cyberspace. It provides both a historical context and a pragmatic analysis of existing diplomatic mechanisms by which states attempt to bring order to a digitally fragmented global system riddled with power interests.

This is about far more than just cybersecurity: it is about power projection, economic dominance and the question of who sets the rules in the digital space.

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Cybercrime Cybersecurity

Israel and Iran: Cyber Espionage, Cyber Warfare and Cyber Defense in Comparison

Cyber Espionage, Cyber Warfare and Cyber Defense in Comparison: When discussing cyber power in the Middle East, Israel and Iran inevitably stand at the center of any serious analysis. Both states have systematically developed significant cyber capabilities over the past two decades, yet they pursue them under very different conditions, with distinct strategic objectives and with varying levels of technological integration.

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Cybercrime Cybersecurity

Israel: Cyber Espionage, Cyber Warfare and Cybersecurity

In the international context, Israel has established itself over recent decades as one of the leading actors in the digital realm. This position is shaped by historical security doctrines, institutional innovation and a close integration of state, military, industry and research, which together enable Israel not only to defend against cyber threats but also to project power proactively in cyberspace.

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Technology- & IT-Law

No Injunctive Relief without Exclusive Rights in Military Software Development: Clarifying German Contract and Copyright Principles

Allocating exploitation rights in custom software development — especially in the sensitive context of military procurement — poses intricate legal questions under German copyright and contract law. In a thoroughly reasoned judgment dated 16 January 2025 (5 U 93/23), the Hanseatic Higher Regional Court (OLG Hamburg) clarified when a contractor may claim injunctive relief to stop third-party use of military software and where the limits lie if the contractor holds only simple usage rights.

This decision is legally significant beyond this individual case: it refines key aspects of the scope of Section 97(1) of the German Copyright Act (UrhG) and the purpose transfer doctrine (Zweckübertragungslehre) under Section 31(5) UrhG in the specific context of commissioned software projects for the German Armed Forces (Bundeswehr).

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Criminal Defense Liability of the management

German BFH: Exclusion of Evidence for an Unfiltered Hard Drive Handed Over in Tax Proceedings

The use of evidence obtained during criminal proceedings by the tax authorities repeatedly raises delicate constitutional issues. In its decision of 23 April 2025 (I B 51/22), the Federal Fiscal Court (BFH) clarified: If digital evidence — here, a hard drive — is handed over to the tax office without the mandatory prior screening by the public prosecutor’s office, this violates the fundamental right to informational self-determination and results in an exclusion of evidence.

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Liability of the management

Managerial Liability in the Raw Materials Crisis: Strategic Risk Management Beyond Routine

Raw materials are no longer just the foundation of industrial value creation – they have become a core element of geopolitical power strategies. In a world experiencing technological decoupling, the interplay between supply security, economic sovereignty, and corporate responsibility is entering a new and volatile phase. European industry, in particular, faces a systemic challenge: it is heavily dependent on imports from politically unstable or strategically assertive states, without possessing adequate security mechanisms.

This situation is not solely a political dilemma – it carries direct legal implications for corporate governance. Those who rely on business-as-usual in a foreseeably unstable supply environment are not only risking operational disruptions but also personal liability. This article analyzes the raw materials crisis through the lens of geopolitical developments and links it to the legal obligations for forward-looking, liability-aware corporate action.

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Technology- & IT-Law

Legal Dimensions of the Metaverse in Germany

While much of the public discourse today revolves around “AI” — a term often misapplied to describe what are essentially large-scale statistical language models — another transformative digital paradigm quietly continues its evolution: the Metaverse. Contrary to recent claims of its demise, the Metaverse is neither obsolete nor irrelevant. On the contrary, it holds the potential to fundamentally reshape how we experience, structure, and regulate digital interaction.

As a German attorney specialized in IT law, I continue to explore the legal ramifications of the Metaverse — and have recently published a detailed article in AnwZert ITR 25/2024 Anm. 2 addressing the regulatory uncertainties and legal innovations this virtual space demands. The future may well be built not on isolated “intelligent” tools, but in persistent, immersive environments where identity, ownership, and agency are redefined. Legal structures must keep pace.

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Technology- & IT-Law

The Metaverse Is Not Dead – Bitkom Shows: The Second Phase Has Begun

Few digital concepts have seen a rise and fall as rapid as that of the Metaverse. After a short-lived, almost feverish hype, it vanished from the headlines, eclipsed by the next wave – generative AI. But make no mistake: the Metaverse is far from dead. Bitkom’s latest 2025-report makes it clear – the development has not stopped, but matured. And for legal professionals, this is precisely the moment to look again, because the truly complex legal questions are only now emerging.

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Criminal Defense

Transnational Fraud and German Criminal Law

The Hamm Higher Regional Court on Territorial Jurisdiction and Organisational Offences: In its decision of 14 May 2025 (Case No. 1 Ws 90/25), the Higher Regional Court (OLG) of Hamm addressed the applicability of German criminal law in cases where part of a fraudulent offence has been committed abroad, provided that the result of the offence occurs (even partially) within Germany. The case concerned a large-scale, cross-border fraud scheme involving so-called “training packages” which, in reality, served to promote a non-existent cryptocurrency. The ruling is particularly notable in its doctrinal approach, as the court invoked the concept of an “improper organisational offence” to qualify the entirety of the conduct as a single criminal act under German law.

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Criminal Defense Technology- & IT-Law

Polymarket: When Betting Becomes World Interpretation

At first glance, the blockchain-based betting platform Polymarket might appear to be just another technical curiosity from the world of cryptocurrencies. But a closer look reveals a profound social phenomenon: the gamification of political and societal reality. If you want to know what people believe is likely to happen—and are willing to back up with real money—you’ll find Polymarket to be a fascinating, if deeply ambivalent, arena.

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